The Bedrock Principles of the First Amendment in the Media

 

    When we think of the first amendment of the Constitution of the United States, it is common to only consider the six clauses and freedoms that it offers: of religion, from religion, press, assembly, speech, and petition for address of grievances. Yet, there is much more to these clauses, a set a principles that outline the basis on which these clauses are founded. These three ideas are known as the Bedrock Principles of the First Amendment. 1. First amendment protection is not absolute. 2. First amendment protection is not a shield against laws of general applicability. 3. Freedom of the press is a "fundamental right," not an institutional one. While these concepts may seem new or foreign, they are actually all around us in the media today. Here are a few examples: 

1. First amendment protection is not absolute. 

https://www.telegraph.co.uk/news/2021/02/21/facebook-removes-myanmar-military-page-incitement-violence/ 

    The first amendment protects speech and what is known as an expressive action. The reason why it is not considered absolute is because it does not span to cover speech or action that can be said to incite or constitute violence. This article represents that. Recently, Facebook removed the page of the Myanmar military from its site on the grounds that its content was the cause of violence. After a recent military coup in Myanmar, the page was said to have been the contributor to massive protests across the country, one of which turned fatal last weekend. During what was supposed to be a peaceful demonstration, shots were fired openly and two individuals were killed. After this, Facebook removed the page on grounds of violating the community guidelines and inciting violence. 

2. First amendment protection is not a shield against laws of general applicability. 

https://nypost.com/2020/08/13/blm-organizer-who-called-looting-reparations-doubles-down/

  As previously mentioned, the first amendment protects actions that can be classified as expressive. Yet, there is a common problem of individuals attempting to use the six freedoms listed as a way to work around generally applicable laws. Laws of general applicability can be defined as laws that are targeted to regulate speech and action, but are not targeted towards one specific instance or behavior. An example of this can be found in this article. In recent Black Lives Matter protests, the issue of looting has been widely discussed. Many of the demonstrations that took places resulted in the breaking and entering of local stores and businesses for the purpose of taking the products sold inside. While many argued that this was an expressive action that was meant to communicate a message to society and law enforcement, it is still a crime in the United States. Therefore, the first amendment cannot shield those who took part in the looting from receiving consequences for their actions.